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    Arguments & Authorities The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In deciding whether there is a disputed fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex. 1985). I. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD BE DENIED BECAUSE THE PICTURES POSTED ON SOCIAL MEDIA OF PLANITIFF’S GEOGRAPHICAL LOCATION OF HIS HOME AND OF PLAINTIFF SMOKING A BONG IN COLLEGE IS HIGHLY OFFENSIVE. A person that intentionally intrudes into an individual’s solitude, seclusion, or private affairs or concerns in a manner that is highly offensive to a…

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    COMES NOW, Cromwell Fountain II Condominium Inc., by and through undersigned counsel, and hereby files this motion to stay proceedings with regard to its pending declaratory judgment action; and plaintiff’s opposition to defendant’s expedited motion to extend time to respond to plaintiff’s motion for summary judgment and motion to modify scheduling order, and in support thereof, states as follows: I. Plaintiff’s Motion to Stay Proceedings with Regard to Its Pending Declaratory Judgment Action.…

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    WGC is entitled to summary judgment since there is no genuine dispute of fact concerning the existence of a valid warranty The court should grant summary judgment in favor of the defendant, WGC. Per Federal Rule of Civil Procedure 56(e) the non-moving party must show a dispute regarding a genuine issue of material fact to withstand a motion for summary judgment. See Anderson, 477 U.S. 242. A genuine issue of material fact exists where a reasonable jury could find for the non-moving party based…

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    Oliver Vs Brock Case Study

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    had no contact with Dr. Brock concerning the care or treatment of Oliver. He also noted that he was not aware of any contact between the Plaintiff and Dr. Brock while she was a patient at Bryan Whitfield Memorial Hospital. The supporting evidence mentioned above, lucidly supports Dr. Brock’s motion for summary judgment based on the adjudication of the…

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    Judgment Motion

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    To prevail on a traditional summary-judgment motion, a movant must show that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); Amedisys, Inc. v. Kingwood Home Health Care, LLC, 437 S.W.3d 507, 511 (Tex. 2014). A defendant is entitled to summary judgment by conclusively negating at least one essential element of the plaintiff’s cause of action or establishing each element of an affirmative defense. Radcliffe v.…

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    If this test was to be used, I believe that we would likely win under summary judgment. Then there is the Legislative body of law. This body is typically more favorable to the government because of their long standing tradition. It’s a more historical approach, while looking how history has opened such meetings with prayer. “Practice of opening sessions with prayer has continued without interruption ever since that early session of congress” and has “been followed consistently in most of the…

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    Burger King Case Study

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    Court of Appeals of Ohio, First District, Hamilton County. NADEL et al., Appellants, v. BURGER KING CORPORATION et al., Appellees. No. C-960489. -- May 21, 1997 Edward J. Felson and Stephen R. Felson, Cincinnati, for appellants. Jonathan P. Saxton, Cincinnati, for appellee Burger King Corporation. Droder & Miller Co., L.P.A., A. Dennis Miller and Kevin J. Ryan, Cincinnati, for appellee Emil, Inc. I. Facts On a morning in early December 1993, plaintiff-appellant Paul Nadel was driving…

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    crime reporting (UCR) survey was formed in 1962 to estimate the frequency rate of crime in Canada from emphasis on police-reporting viewpoints. Data included in these statistics are the clearance rates of incidents, quantity of criminal events occurrence, and amount of offenders accused. The strengths of the UCR are that it reveals a particular tendency and patterns in order to perceive a representation to distinguish the occurrence of crime over a period of time. It allows us to contemplate…

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    section 220 stating that, “every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable”, and a similar case is F.J. (discussed in question 8). Since Rosalind should not wanton or disregard for the child’s life or safety, and the conduct was not a marked departure from the standard care of reasonable person, it is unlikely Rosalind would be convicted. Question 13 In the heading of the offences of unlawfully causing bodily harm and assault…

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    adult would be given then they should not be treated as an adult after making a mistake. That is why youth should not be tried as adults because their brains are not as developed and they cannot make smarter judgements like a developed adult would. Indictable offenses carry heavy sentences like long jail times or large fines, if a young person was to receive a heavy sentence then their life would be ruined and they would never be able to turn their life around. They would not be able to finish…

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